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AUTO VLOG LLC TERMS OF SERVICE FOR SITE

Last modified: April 17, 2019

These terms of use govern your use of our current and future online and any mobile website(s), our platforms, servers, applications, and any affiliated sites as associated applications with our web site:

Official Warning:

YOU MUST BE OVER AGE 13 TO REGISTER WITH THIS SITE. NO EXCEPTIONS!!

1. User accounts

As a user of this site, you agree to provide accurate, true and complete registration information when you create a user account. When you register with our site, and use any services provided on the site, you are responsible for maintaining the confidentiality of your account and password, and restricting access to your computer, mobile device, tablet, or any other electronic device that you use on our site. You agree to accept personal responsibility for all activities that occur under your account and/or password.

2. Changes to our Terms

  1. WE may periodically modify the terms, or any part of the terms, or add or remove terms at any time, such deletions, modifications, additions, or deletions will be effective upon posting to the site. The most recent version of the terms will be posted on the site and the most recent version shall supersede (replace) any and all other version of these terms.
  2. Your continued use of the site after such a posting of new terms will be deemed to be your acceptance of such modifications, additions or deletions.
  3. WE also continue to reserve the right to modify the contract or access to any feature of the site from time to time.

3. Privacy

Your use of the site is governed by Auto Vlog LLC’s Privacy Policy, which is incorporated in this document by reference. Please read the separate privacy policy located on the site for the first time if you missed it, or read it again if you have any questions.

4. Site Preference for Communications

If you register with our site, you consent to receiving service messages relating to your account such as payment confirmation, account verifications, and transactional notices. You also consent to receiving any other communications from us such as our newsletters, special offers, announcements and surveys. You may opt out of the account by clicking on the “unsubscribe” link contained on the site.

5. Geographic Restrictions

  1. As stated earlier on the site, this site is only for the use of persons legally located in United States of America, the District of Columbia, and the U.S. Territories. Any other access by those who are not in the U.S. or its Territories may not be legal by all persons or in certain countries. YOU USE THE SITE AT YOUR OWN RISK WHEN YOU ARE NOT IN THE U.S.A. OR ITS TERRITORIES.
  2. If you access our site outside of the U.S.A., you are responsible for your compliance with local laws.
  3. By your use of our site, you represent that (a) you are not in a country designated by the USA as a “Terrorist Supporting Country”, and (b) that you are  notspecifically listed on any  ”Watch List” established by any entity or Department  of the U.S. Government for restricted or prohibited parties, including what is called the “ Specially Designated National’s List” which is published by the Office of Foreign Assets Control of the U.S. Department of Treasury or the “Denied Persons List” which is published by the U.S. Department of Commerce.

The U.S. government really means these prohibitions.

Please do not use our site if you fall into one of the above categories of banned countries, entities, or people.

6. Subscriptions, our free trial period, billing, and cancellation

A.   Free Access

 You may access certain features of the site free of charge. However, if you do not purchase a subscription, your access to the site will eventually be limited.

B.   Paid Subscription

You access the subscription only features of our site by signing up for a paid subscription which may start with a free trial. Our annual subscription is currently $21.00, our monthly subscription is $3.00 per month.The annual subscription is a better value as you may participate in our contests. The monthly subscription does not permit you to do so.

C.   Free Trial

From time to time, we may offer a free trial of the subscription service for a specified period of time. Auto Vlog reserves the right to in its sole discretion, to determine your eligibility for a free trial, and to modify or withdraw a free trial at any time without notice or liability. WE may require you to provide your payment method to start a free trial. On the first day after the tree trial ends, we will begin to bill your payment method for the subscription fee on a recurring basis, depending on your choice of a monthly or annual subscription.

At present, pricing for an annual membership is $21.00. This may be subject to change in the future. Monthly pricing is currently $3.00, which may change in the future.

D.  Recurrent Billing

By subscribing to our site and providing your preferred payment method, you authorize us to bill your payment method of your subscription fee at the then current price, and any other charges which you may incur in using our site. For example: ordering an Auto Vlog logo shirt.

E.   Billing Cycle

Your subscription will be billed to your payment method at the start of the applicable billing period of your subscription and every billing period thereafter, unless you cancel your subscription or we terminate it for failure to pay. You must cancel your subscription prior to its renewal date. OTHERWISE WE MUST CHARGE YOU FOR THE NEXT PAYMENT PERIOD OF YOUR BILLING CYCLE. Subscription fees are deemed fully earned by us upon your payment. WE automatically bill your payment method every due billing period. WE reserve the right to change the timing of our billing.

F.   Price changes to site

WE reserve the right to change pricing for subscriptions or any components thereof in any manner and at any time as we may determine in our sole discretion. Subject to these terms, any price change will take effect after an e-mail notice to you.

G.  NO Refunds

Your Payment is nonrefundable. NO refunds or credits will be given for partial or incomplete use.

WE reserve the right in our sole discretion to provide refunds, discounts, or credits to subscribers on one or more instances, without obligation, to continue to do so in the future. If any or all of the features of the site are temporarily unavailable, you will not receive a refund.

H.  Cancellation

You may cancel your subscription to our site at any time by logging into your account and following the instructions for cancellation. Your Cancellation will become effective at the end of your current billing cycle/period. You will not receive a refund or credit for our current billing period. You may continue to access the subscription site only features the site for the remainder of your current billing period.

7. Third Party Materials

  1. Our site may display, include, or make available third-party content (including data, information, applications or other products or service and /or materials or provide links to third party websites or services), including through third party advertising (“Third Party Material”). You acknowledge and agree that Auto Vlog is not responsible for third party materials, including their accuracy, completeness, timeliness, validity, copyright (if any), trademark compliance, legality, decency, quality, fitness for use, completeness, or in any other aspect.
  2. Auto Vlog does not assume and cannot have any liability or responsibility to you or to any other person or entity for any third-party materials. Third party materials and links thereto are solely provided as a convenience to you. You access and use third party sites and materials entirely at your own risk.

8. Your use of the Auto Vlog Site

  1. All of our content available through the site, including the content, visual information, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks trademarks, trade names, distinctive information such as logos, the selection, “look and feel” , sequence and arrangement of items, and all other elements of the site that are provided by us is owned and by or licensed by us or our partners and/or users and is protected by copyright and/or trademark laws.
  2. You do not acquire any ownership rights to any content viewed through the site. If any of the content that we make available to you is software capable of being downloaded, then the software, and all files, images, and data relating to the software will be licensed to you by us. This license is not transferrable, and is personal, limited to your use, and it may not be used by a nonsubscriber. This license is considered a revocable license.
  3. We reserve the right to alter or revoke the license at any time by providing notice to you. Our posting of content on the site does not constitute a waiver of any right in such content.
  4. You may not use, store, transmit, display, publish, transmit, distribute, sell, license, copy, publicly perform or display, modify, reproduce, create derivative work based on our content, or in any way exploit any of this content (other than your own content which you own ), in whole or in part, outside of the specific usage rights granted to you by our company in connection with this site.
  5. Be advised that all other copying in any format or other unauthorized use of the site or its contents may constitute a breach of copyright, trademark, and/or other intellectual property laws and/or other international laws and may subject you to criminal or civil liability, charges, and penalties. Auto Vlog reserves all other rights not expressly granted hereunder. In no event shall the site be used in a manner that (i) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others;(ii) is deceptive, unlawful or fraudulent, or (iii) uses technology or other means to access our company’s propriety information that is not authorized by Auto Vlog.
  6. Be advised that it is specifically prohibited for our site users to use or to launch any automated system to access our company’s website or computer systems.
  7. Any attempts to introduce destructive software is expressly prohibited;

    Examples include but are not limited to: trojans, viruses, malware, worms, Spam, ransomware,  or any other malicious computer code which interrupts, destroys or limits the functionality of any computer software, hardware, or communications equipment; or attempts to gain any unauthorized access to  our company’s computer network, servers, or user accounts; or encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or violate any other of  the site’s terms and conditions.

  8. You have no right to useany of Auto Vlog’s trademarks, and service marks, logos, all related product and service names, design marks, or slogans. You are not authorized to use any Auto Vlog’s name or marks in any advertising, publicity, or in any other commercial manner.

 9. Press Releases and Information 

Our site contains information and press releases in connection with its content. This information was believed to be accurate as of the date this data was prepared; our company disclaims any duty or obligation to update this information or any press releases.

Auto Vlog LLC is not responsible for the contents of any linked site, including without limitation, any link contained in a linked site, or any changes or updates to a linked site. Information about any companies other than Auto Vlog contained in such a press release or otherwise, should not be relied upon as being provided or endorsed by us.

This information is provided to site users for entertainment and convenience purposes only, and does not constitute any endorsement(s) by us. Users should not rely upon such press releases or data provided by a third party as being provided or endorsed by us.

10. Content posted on the Auto Vlog site

Please realize that the site contains content from linked third party websites. These third-party websites may permit you to submit, transmit, or to post information, including but not limited to audio recordings, video recordings, writing and/or images which you supply to the third-party website.

Our company may monitor content posted on our site, but Auto Vlog is under no duty or obligation to you to do so for third parties’ websites.

11. DO NOT EVER POST the following Types of Content on Auto Vlog

Please remember that content which you may post via our site may appear on other user’s websites. You shall be held responsible for all content that you post on our site.

UNDER NO CIRCUMSTANCES MAY USERS OF THIS SITE (YOU) POST:

  1. Anything which is not your own original creation or that you do not have permission to use. (Keep in mind that just because something has been previously posted on the Internet and does not have a marked copyright notice on it does not mean that you can ever use it without the creator’s or owner’s express written permission.)
  2. Anything which infringes upon the copyright, trademark, patent right, or any other proprietary rights of any person (that is not your property right) or that is used without the express written permission of the owner.
  3. When you know that this information you post is inaccurate or just wrong.
  4. Anything which is pornographic, sexually explicit, obscene, or in poor taste.
    Ask yourself: Would your grandmother approve of this content? Would the police?
  5. Anything which exploits minors or children. Again, how would your grandmother or the police feel about this post? Would you be criminally prosecuted?
  6. Anything that violates the right of privacy or publicizes any private person- this may result in a criminal offense or a civil action (lawsuit) against
  7. Anything that is harassing, libelous, slanderous, or defamatory. This may result in a civil action against you.
  8. Anything which contains personally identifying information about any personwithoutthe expressly written consent of that person, and especially those items which contain or depict a child or a minor.

(REMEMBER:Children cannot ever give you such consent under the law.)

  1. May be deemed as generally offensive to any members of the community, including anything which could be deemed racist, sexist, misogynistic, or indicates or shows any type of blatant bigotry of any kind, prejudice, racism, hatred, profanity, or religious or political radicalism.
  2. You may not post any ads or promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose.
  3. Does not pertain to the topic of Auto Vlog’s LLC’s blog.
  4. ANYTHING Intended to provide any professional advice, including but not limited to anything pertaining to auto repair or auto bodywork, medical, financial, legal, or investment advice.  Keep it to yourself. Auto Vlog LLC shall not be put in a position in which it appears that we accept or condone such behavior.
  5. ANYTHING that is intended to solicit, endorse, recommend or offer to buy or sell any securities, bonds, or any other type of investment whatsoever.
    Note: This is not the place to “play stockbroker” or to tout the latest investment scam. Such attempts shall ban you from our site on your first posting.
  6. Violates federal, state, or local, or any international laws, United Nations compacts, laws, or regulations.
  7. Promotes or encourages or provides instructional information about any illegal or illicit activities or devices.
  8. Is intended to overwhelm the site, or cause technical difficulties to the site or servers, or denial of service to company’s servers.
  9. Auto Vlog LLC may remove any such content which violate the terms and conditions or that we determine is not appropriate in our sole discretion. Auto Vlog LLC may <or> may not exercise editorial control over content posted on the site.

12. Your Posting content on the Auto Vlog site

By posting or transmitting content on or through our site, you:

  1. Represent and warrant that you have created this content, are the owner of the content, or you possess the needed express written licenses, rights, and permission to use this content, and authorize our site and for other users to use and distribute your content as necessary and for you to exercise the licenses granted to you by contents’ owner, in conjunction with the terms and conditions of our blog, and in  the manner that our company contemplates. Again, if it isn’t your original content or you don’t have an express written right to use it, do not post it.
  2. You represent and warrant that you are 18 years of age or older and emancipated. If you are younger than 18 or not emancipated, we need your parent(s) or legal guardian(s) express written permission (signed by them in their handwriting [signature] and dated), and sent to us in advance of your desire to submit any content to the blog.
  3. You agree to and you hereby grant to Auto Vlog LLC , its affiliates and partners, a nonexclusive perpetual, irrevocable, worldwide, sub-licensable, transferrable, non-royalty right and license the content to use, store, display, publish, transmit, transfer, distribute, reproduce, publicly perform any content which you submitted via our site, for any purpose, in any form or media, or technology now known or hereinafter created or developed.
  4. You acknowledge that Auto Vlog LLC may have already created, or be in the process of creating content which may be substantially similar to your idea(s) at the time that you submitted those idea(s) to our site, and that elements of your ideas may not be subject to any protection under copyright laws.
  5. You also grant to Auto Vlog LLC a license to use your user name in conjunction with the company’s use of any content that you provide to us. You further consent to the display of advertising within or adjacent to any or all of your content submitted by you to our site.
  6. Any comments or materials which you send to Auto Vlog LLC, including any feedback data, such as suggestions, questions, comments, and/or any other responses shall be deemed to be non- confidential communication.

13. LIMITATION OF LIABILITY

To the fullest extent allowable under any applicable law:

  1. IN NO EVENT SHALL AUTO VLOG LLC, ITS SUCCESSORS AND ASSIGNS, OR ITS AGENTS, SERVANTS OR EMPLOYEES BE LIABLE TO YOU IN ANY WAY WHATSOEVER WITH RESPECT TO THE USE OF THE SITE, CONTENT OR SERVICES.
  2. IN NO EVENT SHALL Auto Vlog, LLC be liable to you for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in way related to our site, or in any way relating to the terms and conditions or the use of or the inability to us the site.

(This includes without limitation, damages for lost profits, loss or corruption of data, breach of privacy or security, transmission of personal data or failure for malfunction(s) of your device.)

  1. Your sole remedy under these terms is to cease use of the site. Auto Vlog LLC disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the site, you acknowledge and agree to company’s disclaimers of such liability. If you do not agree to these terms and conditions, you should not access or use our site.
  2. Except as expresslyset forth in these terms company does not make, and Auto Vlog LLC hereby expressly disclaims any and all warranties and representations with respect to the site, content, and services provided hereunder or otherwise regarding these terms, whether oral or written, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, non- infringement, freedom from computer viruses or malware, and warranties which arise out of  the performance of or in the performance or use in trade.
  3. Auto Vlog LLC is not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim or cause of action you have against any such third parties. Some states and countries including Members of the European Economic Area (E.U.), do not allow the limitation or excluding of liability for incidental or consequential damages, so some or all of the limitations or exclusions above may not apply to you.
  4. You hereby waive any law or statute which states or says that a general release does not extend to claims which the creditor does not know ofor suspect to exist in his, her, or its favor, at the time of executing the release, which if known by this party must have materially affected his, her, or its settlement with the debtor.

14. BASIS OF THE BARGAIN

  1. You acknowledge and agree that Auto Vlog LLC has offered the products and services and entered into these terms in reliance upon the warranty disclaimers, and the limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable, fair allocation of the risk between you and Auto Vlog, on the one hand, and Auto Vlog, on the other hand, and that the warranty disclaimers and the limitations of liability set forth herein, form an essential basis of the bargain between you, on the one hand, and us on the other hand.
  2. You acknowledge that we would not be able to provide the site to you on an economically reasonable basis without these limitations on liability.

15. ONE YEAR STATUTE OF LIMITATIONS PERIOD TO FILE CLAIM OR ACTION

Any cause of action or claim which you may have arising out of or relating to these terms and conditions  or site use must start (be commenced) within one (1) year after the cause of action or claim accrues, otherwise, such cause of action or claim is permanently waived in any jurisdiction of the United States of America, its States, and Territories.

16. INDEMNIFICATION

YOU HEREBY INDEMNIFY OUR SITE, AUTO VLOG LLC , ITS SUCCESSORS AND ASSIGNS, FROM ANY LIABILITIES, EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, THAT ARISE FROM YOUR USE OR MISUSE OF THE SITE, YOUR VIOLATION OF THESE TERMS, OR VIOLATION OF ANY RIGHTS (including but not limited to intellectual property rights, right of publicity, right of privacy, etc.), OF A THIRD        

PARTY.

AUTO VLOGLLCreserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, any allegations of copyright infringement, violation of the Digital Millennium Copyright Act, or other law based on your importation, exportation, manipulation, modification, distribution, sale or use of text still images, audio or visual or video recordings.

17. CONTACT INFORMATION

If you should wish to contact Auto Vlog with any questions, complaints, or claims with respect to our site, please e-mail our company at:

info@autovlog.org

18. THIRD PARTY AGREEMENTS AND ADDITIONAL TERMS

You agree to comply with all applicable third-party terms and conditions that apply to portions of the site and to any purchases on the site, or services, including, without limitation, invitations, sweepstakes, contests, and the like. All such additional terms and conditions that apply to portions of the site, shall be a part of these Terms and Conditions and are incorporated by reference in this paragraph, and you agree to be bound by such additional provisions. In the event of a conflict between these Terms and Conditions and any additional Terms and Conditions applicable to any portion or offering, follow the terms and conditions contained in the relevant section of the terms and conditions that you are reading and apply. These terms.

19. GOVERNING LAW

These Terms and Conditions are governed exclusively by the laws of the Commonwealth of Pennsylvania.

These Terms and Conditions are not governed by the United Nations Convention for Contracts for the International Sale of Goods, the application of which is expressly excluded.

The parties further agree that the place of contract and performance of this Agreement is solely in Allegheny County, Pennsylvania, U.S.A. You consent to the exclusive Venue and Personal and Subject Matter Jurisdiction in the Court of Common Pleas of Allegheny County, Pennsylvania.

20. WAIVER /SEVERABILITY

The failure of Auto Vlog LLC to exercise or enforce any provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is for any reason unenforceable or invalid, then these Terms and Conditions shall be construed as if such provision was not contained in these Terms. Any waiver of one part of this Agreement shall not constitute a waiver of any other Terms and Conditions of the Agreement; those Terms and Conditions shall remain enforceable by our company.

21. PLACE OF LITIGATION

Auto Vlog LLC (THE COMPANY) and the User of the site (YOU) agree that the parties (the Company and User) may only litigate any causes of action, claims, or disputes in the Court of Common Pleas, Allegheny County, Pennsylvania, which shall have the sole jurisdiction and venue to try this matter at law.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS OR CAUSES OF ACTION ONLY IN USER’S (YOUR) INDIVIDUAL CAPACITY OR THE COMPANY’S CAPACITY, AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22. ENTIRE AGREEMENT MODIFICATIONS

These Terms and Conditions comprise the entire Agreement between you and Auto Vlog LLC, and shall supersede any other Agreement in existence prior to this document. There shall be no application of any rules of construction against the drafter of the Agreement as you have had an opportunity to have these Terms and Conditions reviewed by your lawyer before (prior to) purchasing your access to this site.

23. INTELLECTUAL PROPERTY RIGHTS POLICY-DMCA NOTIFICATION 

  1. WE respect the rights of intellectual property holders. If you believe that any content on the site violates your intellectual property rights, you can report such violations to us in accordance with the DIGITAL MILLENIUM COPYRIGHT ACT (17 U.S.C. Section 512).
  2. In the case of an alleged infringement, please provide to us the following information:
    1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    2. A description of where the material that you claim is infringing on your copyright is located on the site (including exact URL location);
    3. An address, telephone number, and an e-mail address where we can contact you;
    4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights of the owner, by its agent, or by law;
    5. A statement by you sworn before a Notary Public under penalty of perjury (18 Pa. Section 4904) that the information in your notice is accurate and complete. ( You can be sentenced for up to five years no jail for lying under oath.)
    6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
  3. WE MAY REQUIRE ADDITIONAL INFORMATION BEFORE WE REMOVE THE ALLEGEDLY INFRINGING MATERIAL. YOU MAY REPORT A COPYRIGHT VIOLATION BY PROVIDING THE ABOVE INFORMATION TO THE DESIGNATED E-MAIL LISTED BELOW.
    Legal affairs:
  4. WE shall terminate the user account of any user who repeatedly submit any content that violates our intellectual property policies. A repeat infringer is a user who has been previously notified of infringing activity more than twice and/or has Content removed from the site more than twice.
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